The Business Immigration Monthly is Hammond Law Group’s latest news eZine, directed at international workers and employers seeking the most up-to-date news on U.S. immigration issues, specifically those that impact workers on H, L, E, and O visas and workers seeking permanent residency.
OCTOBER FEATURED ARTICLE
Written by Sherry Neal, Attorney and Demaris Del Valle, Law Clerk
NOVEMBER VISA
BULLETIN RELEASED
The Department of State has released the November Visa Bulletin. The
Bulletin shows some movement in the India EB2 category, a jump of six
months to January 1, 2003, and in the All Other Chargeability Areas EB3
and China EB3 a jump of two months to July 1, 2002. The remaining categories
remained virtually the same.
See:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3046.html
USCIS EXPANDS PREMIUM PROCESSING OPTION FOR
THREE ADDITIONAL I-140 PETITIONS
The USCIS has announced that starting September 25 it has begun
accepting premium processing requests for the following I-140, Immigrant
Petition for Alien Worker categories:
- EB-1, outstanding professors and researchers
- EB-2, members of professions with advanced degrees or exceptional
ability (does not include National Interest Waiver petitions)
- EB-3, workers other than skilled workers and professionals (i.e.
unskilled labor requiring less than two years of training or experience)
These additions follow an August 28th USCIS announcement opening up
premium processing to EB-3 I-140 petitions filed in the EB-3
Professionals (i.e. immigrant workers with bachelor degrees who are
members of the professions), and EB-3 Skilled Workers (i.e. immigrant
workers capable of performing skilled labor requiring at least two years
of education, training or experience) categories.
See:
http://www.hammondlawfirm.com/alerts/08.18.2006_alert.htm
For an additional fee of $1000, Petitioners can now have their I-140
cases falling under the above-mentioned categories processed within
15-calendar days from receipt of the petition.
See:
http://www.hammondlawfirm.com/alerts/09.27.2006_alert.htm
http://www.uscis.gov/graphics/publicaffairs/newsrels/PremProc092206PR.pdf
USCIS TRANSFERS CASES
On September 29th, the USCIS issued a Public Notice announcing the
transfer of 20,000 cap-subject H-1B petitions to the Texas Service
Center and 6,000 cap-subject H-1B petitions to the Nebraska Service
Center. This purpose behind the transfer is to alleviate the workload on
the Vermont Service Center and to ensure timely processing of petitions.
http://www.uscis.gov/graphics/publicaffairs/statements/CaseTrans_092906PN.pdf
DOL ISSUES LETTER REGARDING EXTENSION OF RIR
CONVERSION ELIGIBILITY DATES
On October 6, 2006, Department of Labor (DOL) Assistant Secretary Emily
Stover DeRocco issued a letter extending the eligibility dates the DOL
uses in determining whether RIR re-application requests are considered
timely. This letter amends the Federal Register and allows the
conversion of cases at the backlog centers from the traditional labor
certification method to the Reduction in Recruitment (RIR) method for
all cases received by the State Workforce Agencies on or before March
27, 2005. This provision, however, does not apply to any traditional
cases where recruitment (i.e. a job order) has been initiated by the
backlog elimination center.
For DOL letter see:
http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2272
USCIS SENDS ADVANCED PAROLE REMINDER
In light of the upcoming holiday season, the USCIS has issued a press
release reminding individuals with pending I-485, adjustment of status
petitions to obtain their Advance Parole travel authorization prior to
traveling abroad by filing the Form I-131, Application for Travel
Document with the appropriate Service Center now (processing times range
between 90-150 days). Advance Parole allows individuals to reenter the
US after traveling abroad in order to continue processing for adjustment
of status or other benefits. Individuals must be approved for Advance
Parole prior to departing the US. Traveling abroad without Advance
Parole may result in a bar from reentry into the US and having pending
immigration-related petitions denied. Please consult your HLG attorney
for more information.
http://www.uscis.gov/graphics/publicaffairs/newsrels/TravelAdvisory100406.pdf
H2B RELIEF SIGNED BY THE PRESIDENT
On October 17th, President Bush signed the National Defense
Authorization Act for Fiscal Year 2007 (H.R. 5122) into law. As part of
this Bill, Section 1074 includes an one year extension for the returning
worker exemption to the H-2B visa cap and provides for the extension to
take effect beginning October 1, 2006. The text of Section 1074 is
available at Bender’s
Bender's
Immigration Bulletin here:
http://www.bibdaily.com/
ARTICLE OFFERS COMMENTARY ON INDIANS AS AN
IMMIGRANT GROUP
In a recent article published in BusinessWeek, entitled “Why Indians are
US’s best immigrant group,” author Vivek Wadhwa offers his perspective
on why Indians offer the most benefit to the US as an immigrant group.
Wadhwa writes, “Census data show that 81.8% of Indian immigrants arrived
in the U.S. after 1980. They received no special treatment or support
and faced the same discrimination and hardship that any immigrant group
does. Yet, they learned to thrive in American society. Why are Indians
such a model immigrant group? In the absence of scientific research,
I’ll present my own reasons for why this group has achieved so much.”
Among those reasons, Wadhwa highlights the strengths in education,
upbringing, entrepreneurial spirit, humility, determination, financial
management, and integration and acceptance found within the Indian
immigrant population within the US. “They [Indians] have shown what can
be achieved by integrating themselves into U.S. society and taking
advantage of all the opportunities the country offers,” Wadhwa
concludes.
For full article see:
http://www.rediff.com/money/2006/sep/20indians.htm?q=bp&file=.htm
HLG HOLDS SEMINAR IN NEW JERSEY
On October 17th HLG attorneys’ Mike Hammond, Chris Musillo and Amy Dalal
held a seminar in Edison, NJ for employers and employees to discuss hot
issues in the immigration field and to answer attendees’ questions. The
seminar covered many interesting topics including governmental agency
compliance, nonimmigrant visas, green cards, and current legislation.
Our thanks to all those who attended and we look forward to holding
similar seminars around the country in the future.
www.hammondlawfirm.com
HLG TO ATTEND NACCB CONFERENCE IN ORLANDO
Attorney Amy Dalal will be attending the Annual National Association of
Computer Consultant Businesses Conference in Orlando, Florida November
1st through the 4th. The NACCB conference is the signature event for the
IT services industry. The conference will feature industry experts,
strategic sessions and valuable resources.
www.NACCB.org | 
